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25-003352.pdf

Jamie Blumenthal, Petitioner V City Of Southfield, Respondent · 25-003352-TT

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Page 1

BE 

RECEIVED 

DEC 04 2025 

STATE OF MICHIGAN "mH 

MICHIGAN TAX TRIBUNAL 

SMALL CLAIMS DIVISION 

Jamie Blumenthal 

Petitioner, 

MTT Docket No.: 25-003352 

Parcel No.: 76-24-25-206-004 (Correct Parcel) 

Vs. 

City of Southfield, 

Respondent. 

Stephen Polter 

Justin Prybylski 

Polter Law Group 

Assessor, Southfield 

2600 W Big Beaver, Ste L100 

26000 Evergreen Rd. 

Troy, MI 48084 

Southfield, MI 48076 

248-213-6800 

248-796-5240 

Spolter@polterlaw.com 

iprybylski@cityofsouthfield.com 

PETITIONER’S RESPONSE IN OPPOSITION TO RESPONDENT’S MOTION TO DISMISS 

Petitioner, Jamie Blumenthal, through counsel, submits this Response opposing Respondent City 

of Southfield’s Motion to Dismiss. Respondent seeks dismissal solely on the basis that 

Petitioner’s original Small Claims petition referenced an incorrect parcel identification number 

differing by one digit from the correct parcel number. For the reasons set forth below, 

Respondent’s Motion should be denied, and this matter should proceed on the merits. 

I. INTRODUCTION 

Respondent’s Motion to Dismiss rests entirely on a minor clerical error in the Parcel 

Identification Number listed in Petitioner’s original filing. The correct parcel number is 76-24- 

25-206-604, but the petition inadvertently listed 76-24-25-203-004. This error was purely

Page 2

IL STATEMENT OF FACTS 

1. 

Petitioner timely filed a Small Claims petition challenging the assessment for the tax year 

at issue, as even Respondent, in its motion, concedes. 

2. 

The petition clearly identified Petitioner by name and stated the basis for the assessment 

dispute. 

3. 

Due to an inadvertent clerical mistake, the Parcel Identification Number was listed as 76- 

24-25-203-004 instead of 76-24-25-206-004, differing by only one digit. 

4. 

The City of Southfield was fully aware of the property owned by Petitioner and the 

subject of the assessment challenge, as the Petitioner owns only one parcel within the city 

under their name. 

5. 

Respondent has alleged no prejudice, confusion, or inability to identify the correct 

parcel. 

6. 

Respondent moves for dismissal solely based on this single-digit error in the P.LN, 

II. ARGUMENT 

A. The Petition Substantially Complied with MTT Filing Requirements 

Michigan jurisprudence distinguishes between “mandatory” requirements and “directory” or 

procedural requirements. Minor clerical defects—particularly those not affecting substantive 

rights—do not deprive the Tribunal of jurisdiction. 

The Tribunal has repeatedly recognized that substantial compliance is sufficient where the 

petition clearly identifies the taxpayer, the nature of the appeal, and the intended property. A 

one-digit error in the parcel number does not defeat substantial compliance, particularly where 

Respondent had no difficulty identifying the Petitioner or the nature of the appeal. 

B. The Tribunal Has Authority to Allow Amendments and Correct Non-Jurisdictional Defects 

Under the Tribunal’s Rules of Practice (including MTTR 215 for Small Claims matters), the 

Tribunal may accept amendments that correct clerical or technical defects. Such authority 

routinely applies to: 

+ 

Incorrect parcel numbers

Page 3

Petitioner respectfully requests that the Tribunal accept the corrected parcel number 76-24-25- 

- 206-004 as an amendment nunc pro tunc. 

C. Respondent Suffered No Prejudice and Had Actual Notice of the Appeal 

Dismissal is inappropriate when: 

1. 

Respondent was not misled, 

2. 

Respondent could easily determine the subject property, and 

3. 

No prejudice resulted. 

All three conditions are met here: 

+ 

Petitioner owns only one residential property in Southfield with this parcel number. 

«The City’s assessor’s office could immediately identify the correct parcel associated with 

Petitioner’s name. 

« 

Respondent articulates no harm, confusion, or inability to prepare its defense. 

Case law and Tribunal practice both support the principle that actual notice cures technical 

defects. 

D. Dismissal Would Result in an Unjust Forfeiture of Petitioner's Statutory Right to Appeal 

Michigan law strongly favors allowing taxpayers to have their assessments heard on the merits. 

Dismissing an appeal due to an immaterial clerical defect would produce an inequitable outcome 

inconsistent with the intent of the property tax appeal process. 

The Tribunal, sitting in equity, should avoid a result that denies Petitioner access to review 

merely because of a harmless typographical error. 

IV. CONCLUSION 

For the foregoing reasons, Petitioner respectfully requests that the Tribunal: 

1. DENY Respondent’s Motion to Dismiss; 

2. 

Accept the corrected parcel number 76-24-25-206-004 as an amendment nunc pro tunc; 

and

Page 4

gory, & 

Co 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

DIRECTOR 

Jamie Blumenthal 

, 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

v 

MTT Docket No. 26-003352 

City of Sid. 

, 

Respondent(s) 

PROOF OF SERVICE 

Stephen Polter 

states that on Dec 1, 2025 

he/she 

[Name of person serving/maiting petition] 

[date of service] 

served a copy of the Opposition to Motion to Dismiss 

relative to the above-captioned matter upon: 

[Provide name and address of the party/people being served] 

Jusin Prybylski, Assessor, Respondent 

26000 Evergreen Rd. 

Sfld., MI 48076 

[Sfonature of person wHo’is Serving/mailing copy]

Page 5

EPT/N 

EXPRESS PROPERTY TAX APPEALS LLC 

A division of Polter Law Group 

2600 W Big Beaver 

| Ste L100 

Troy, M1 48084 

Received 

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2 DEC 2025 PM 10 L 

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